(a) 
Any person, operator, or owner who shall violate any provision of this article, or who shall fail to comply with any provision hereof, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in the general penalty provision found in section 1.01.009 of this code, and each violation and each day a violation continues shall constitute a separate offense and shall be punished accordingly.
(b) 
Any person found to be guilty of violating provisions of this article shall become liable to the city for any expense, loss, or damage occasioned by the city for reason of appropriate cleanup and proper disposal of said waste materials. Additionally, an administrative fee equal to one-half (1/2) of assessed cleanup costs shall be levied by the city against the guilty person.
(1996 Code, sec. 6.414)
In addition to prohibiting certain conduct by natural persons, it is the intent of this article to hold a corporation or association legally responsible for prohibited conduct performed by an agent acting on behalf of a corporation or association and within the scope of his office or employment.
(1996 Code, sec. 6.413)
The city may promulgate rules and regulations as may be necessary to carry out the provisions of this article and protect the public from health and safety hazards. The city may undertake immediate actions as may be necessary to protect the public from health and safety hazards. The city may amend any permit issued hereunder to ensure compliance with applicable laws and regulations.
(1996 Code, sec. 6.410)
(a) 
A liquid waste transporter shall:
(1) 
Maintain hoses, tanks, valves, pumps, cylinders, diaphragms, pipes, connections, and other appurtenances on a vehicle in good repair and free from leaks;
(2) 
Provide a safety plug or cap for each valve of a tank;
(3) 
Cause a vehicle exterior to be clean and the vehicle odor-free at the beginning of each work day.
(b) 
The city may cause to be impounded a vehicle which is being operated in violation of this article, and it may authorize the holding of the vehicle until the violation is corrected. The city may also revoke the permit for an improperly operated vehicle. If a vehicle is impounded or if a permit is revoked, an appeal may be filed by the transporter pursuant to section 6.08.044.
(1996 Code, sec. 6.403)
A liquid waste transporter’s vehicle shall be inspected by the city prior to the issuance of a vehicle permit with qualifications as follows:
(1) 
Use a vehicle with a single tank as an integral portion of the vehicle to transport liquid waste; portable tanks or other containers temporarily installed in vehicles are prohibited;
(2) 
Piping, valves, and connectors shall be permanently attached to the tank and/or vehicle;
(3) 
Tank to be liquid tight;
(4) 
Tank to be constructed so that every interior and exterior portion can be easily cleaned;
(5) 
Piping, valves, and connections shall be accessible and easy to clean;
(6) 
Inlet or opening of tank to be constructed so that collected waste will not spill during filling or transfer, or during transport;
(7) 
Outlet connections to be constructed so that no liquid waste will leak, run, or spill out from the vehicle;
(8) 
Outlets to be of a design and type suitable for the liquid waste handled and capable of controlling flow or discharge without spillage or undue spray on, or flooding of, immediate surroundings while in use;
(9) 
Pumps, valves, cylinders, diaphragms and other appurtenances to be of a design and type suitable for the type of waste handled, capable of operation without spillage, spray, or leakage, and capable of being easily disassembled for cleaning.
(1996 Code, sec. 6.404)
(a) 
Before accepting a load of liquid waste for transportation, a liquid waste transporter shall determine the nature of the material to be transported and that his equipment is sufficient to properly handle the job without spillage, leaks, or release of toxic or harmful gases, fumes, liquids, or other substances. Upon delivery of the waste to the disposer, the transporter shall inform the disposer of the nature of the waste.
(b) 
A transporter with a city liquid waste transporter permit shall not transport materials that are hazardous in vehicles permitted by the city for transporting liquid waste.
(c) 
A transporter holding a city permit must use a disposal site permitted and approved by the city, or the state, or the federal government.
(d) 
A manifest system consisting of a four-part trip ticket is used to document the generation, transportation and disposal of all applicable liquid waste generated in the city and shall be used as follows:
(1) 
The trip ticket books are purchased by the transporter from the city department of public works for an established fee;
(2) 
A transporter will complete one trip ticket for each location serviced, with the exception of chemical/portable toilet companies servicing their own units. Chemical portable toilet companies servicing their own units shall be exempt from trip ticket requirements but shall be required to submit a monthly total of volume disposed and location of disposal to the city;
(3) 
White copy of the trip ticket signed by the transporter and generator at the time of waste collection and yellow copy maintained by the generator;
(4) 
White copy of the trip ticket signed by the disposer at time of disposal and pink copy maintained by the disposer;
(5) 
Green copy of the trip ticket maintained by the transporter;
(6) 
All completed trip ticket books containing the white copy of the trip ticket will be delivered at least monthly by the transporter to the city department of public works;
(7) 
A copy of all trip tickets shall be maintained for a period of two (2) years.
(1996 Code, sec. 6.405)
A person commits an offense if he allows liquid waste that emits noxious or offensive odors or is unsanitary or injurious to public health to accumulate upon property under his control.
(1996 Code, sec. 6.406)
(a) 
A person commits an offense if he unloads or offers for sale or exchanges liquid waste except at a place permitted by the city, or the state, or the federal government.
(b) 
A person commits an offense if he deposits or discharges liquid waste onto a street or into a storm or sanitary sewer or an area that drains into the storm sewer system.
(1996 Code, sec. 6.407)
(a) 
A generator of liquid waste shall have all liquid waste material picked up from his premises by a liquid waste transporter who holds a valid permit from the city, and the liquid waste shall be transported to an approved site for disposal.
(b) 
A generator of liquid waste shall not have hazardous waste or liquid waste in combination with hazardous waste removed from his premises by a liquid waste hauler operating under a city permit.
(c) 
A generator shall sign the trip ticket from the transporter when a load is picked up by the transporter, and the generator shall keep a copy of all trip tickets for a period of two (2) years. The city may inspect these records during normal business hours.
(d) 
A generator shall:
(1) 
Install or provide a collection device of a size and type specified by the city;
(2) 
Maintain the collection device in continuous, proper operation;
(3) 
Supervise proper cleaning of the collection device;
(4) 
Report spills and accidents involving the collection device to the city within 24 hours;
(5) 
Clean up all spills and accidents immediately and have material disposed of by a permitted transporter by proper means.
(1996 Code, sec. 6.408)
(a) 
A liquid waste disposer commits an offense if he allows accumulation of liquid waste on his premises so that rainfall could carry the material to storm sewers or adjacent property or create a noxious odor or health hazard.
(b) 
A liquid waste disposer shall:
(1) 
Obtain and maintain compliance with all licenses and/or permits required by local, state or federal law;
(2) 
Accept waste only from a permitted transporter;
(3) 
Maintain trip ticket copies for a period of two (2) years;
(4) 
Accept only those classes of waste authorized by license or permit;
(5) 
Make available all records required to be kept for inspection by the city during normal business hours.
(1996 Code, sec. 6.409)
(a) 
A person commits an offense if he operates, or causes to be operated, a vehicle for the purpose of transporting liquid waste without an applicable permit. A permit shall be issued for transportation of liquid waste, and the approving authority shall designate on the permit the liquid waste authorized for transportation in the vehicle. A separate vehicle permit number is issued for each vehicle operated.
(b) 
A person who desires to obtain a permit must make application on a form provided by the city.
(c) 
A person who desires to obtain a permit must submit to the city at the time of application a photocopy of the manager’s driver’s license. The city shall be notified of manager employment changes during the permit period and shall be provided a copy of the new manager’s driver’s license.
(d) 
The city shall not issue a permit unless the applicant submits for inspection by the city the vehicle the applicant proposes to use to transport liquid waste and the vehicle is found by the city to be constructed and equipped in accordance with the provisions of this article.
(e) 
A permit is not transferable.
(f) 
A permit issued by the city excludes the hauling of materials that are hazardous in nature.
(g) 
Transporters transporting hazardous waste must have the applicable state commission on environmental quality and U.S. Environmental Protection Agency (EPA) registration number and use the appropriate EPA manifest system.
(h) 
Each applicant must specify the disposal site or sites to be used for the authorized disposal of liquid waste. The city shall be immediately notified of additional disposal sites used during the permit period.
(1996 Code, sec. 6.401)
(a) 
The city shall not issue a permit to an applicant until the appropriate established fee is paid. A person shall pay a fee for the first vehicle and an additional fee for each additional vehicle operated by the person. Each permit must be renewed annually.
(b) 
The city shall number permits consecutively, and each permit holder shall cause to be displayed on each side of each vehicle in a color contrasting with the background, in three-inch letters or larger, the business name, TCEQ registration number, and the following:
UPT _____
The first three letters (UPT) shall represent the city. The blank space shall contain the permit number. The permit holder shall place the business name, the TDH registration number and the vehicle permit number on each vehicle before the vehicle is operated. The permit holder shall keep the permit receipt, or a copy thereof, in the vehicle at all times.
(1996 Code, sec. 6.402)
(a) 
The city may deny a permit if it is determined that an applicant is not qualified under section 6.08.041 of this article and may suspend or revoke a permit if it is determined that a permittee:
(1) 
Is not qualified under section 6.08.041 of this article;
(2) 
Has violated a provision of this article;
(3) 
Has failed to pay a required fee;
(4) 
Has failed to comply with maintenance or inspection requirements;
(5) 
Has failed to deliver trip tickets to the city.
(b) 
After suspension under this section, a permittee may file a request for reinstatement of the permit. When the city determines that the permittee is again qualified, all violations have been corrected, precautions have been taken to prevent future violations, and all required fees have been paid, it shall reinstate the permit.
(c) 
The city may revoke for a period of one (1) year or less all permits held by a liquid waste transporter if the transporter or an employee of the transporter violates any of the provisions of this article, any rule or regulation promulgated by the city, or applicable provisions of state law.
(d) 
A permittee whose permit is suspended or revoked shall not collect, transport, or dispose of any waste materials within the jurisdiction of the city.
(1996 Code, sec. 6.411)
If the city denies the issuance of a permit, or revokes a permit, it shall send to the applicant, or permit holder, written notice of its action and the right to an appeal. The applicant, or permit holder, may appeal the decision of the city in the municipal court of the city.
(1996 Code, sec. 6.412)